Knezevic v KIrby [2017] NSWCATAP 190

Knezevic v KIrby [2017] NSWCATAP 190

Tenants are liable for gas charges as premises were supplied with natural gas and not bottled gas, and landlord provided sufficient evidence of separate billing for gas; tenants not liable for water and electricity charges because there were no separate meter readings provided, therefore landlord must refund previously paid amounts, save for legitimate rent arrears and the admitted gas bill.

Parties
Appellant: Danny Knezevic; Respondent: Duncan Kirby; Respondent: Kaila Adams
Jurisdiction
Australia
Judgment Date
20 September 2017
Procedural Posture
Residential Tenancy Appeal / Appeal – Decision on Leave and Merits
Outcome
Appeal allowed in part; order varied
Legal Topics
Tenant Liability for Utilities, Orders for Payment of Utilities, Separate Metering, Application of Statutory Terms
Residential Tenancy Consumer and Commercial Tenant Liability for Utilities Orders for Payment of Utilities Separate Metering Application of Statutory Terms

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Parties

Danny Knezevic

Appellant

Duncan Kirby

Respondent

Kaila Adams

Respondent

Procedural Posture

Residential Tenancy Appeal / Appeal – Decision on Leave and Merits

Legal Issues

  1. 1 Are tenants liable for utility charges (gas, water, electricity) in the absence of separate metering and meter readings?
  2. 2 Did the Tribunal err in ordering the landlord to refund charges and/or not awarding recovery of the gas bill?

Ratio Decidendi

Tenants are liable for gas charges as premises were supplied with natural gas and not bottled gas, and landlord provided sufficient evidence of separate billing for gas; tenants not liable for water and electricity charges because there were no separate meter readings provided, therefore landlord must refund previously paid amounts, save for legitimate rent arrears and the admitted gas bill.

Court Disposition

Appeal allowed in part; order varied

Orders

  • Leave to appeal granted as to the gas bill; appeal allowed in part
  • Order of 21 March 2017 varied: landlord Danny Knezevic to pay tenants Duncan Kirby and Kaila Adams $850.23 immediately